There shall be no regrading, removal or excavation of topsoil
or other natural materials from any property in the Village of Florida
except as provided for herein. These provisions shall not be construed
as prohibiting or limiting normal use of land for farming, gardening
or similar agricultural or horticultural uses in any zoning district
where such uses are permitted.
A permit is not required for the following uses.
A. Road building. For the excavation of topsoil and other natural materials
from within the limits of the right-of-way or slope rights of any
town, county or state highway, or for the sole purpose of building
roads and slopes incidental thereto which lie within the area of a
subdivision approved by the Planning Board of the Village of Florida.
B. Minor improvement of property. For the improvement of property, provided
that such improvement shall not cover an area more than two times
that of the foundation of the new building or structure for which
a building permit has been issued by the Building Inspector and which
improvement shall conform to the following standards:
(1) Final slopes shall be finished at a grade no greater than the natural
angle of repose except where supported by a retaining wall or foundation.
(2) Any lakes or ponds that are created shall have sufficient depth and
inflow of water to prevent their becoming stagnant in dry periods.
(3) Topsoil may be removed in connection with any permitted excavation,
but shall be replaced to a depth of at least four inches over all
exposed ground surfaces except rock, and said restored surface shall
be planted or seeded and mulched repeatedly as necessary until the
area is stabilized.
(4) Topsoil or other natural materials which have been excavated to permit
the improvement of property may be removed from the property, provided
that the amount to be removed is not in excess of that to be reused
on the site of the improvement, and provided that this amount is specified
in the building permit for such improvement.
(5) There is no processing of excavated materials by a rock crusher or
similar equipment on the premises.
(6) Any regrading, removal or excavation which is permitted under the
provisions of this subsection, subject to the issuance of a building
permit, shall be completed within one year of the date of the issuance
of said permit.
C. Landscaping. For landscaping purposes in which topsoil is removed
from one part of the property and deposited on another part of the
same property, provided that a cover of at least four inches of topsoil
shall remain after such removal and said restored surface shall be
planted or seeded and mulched repeatedly as necessary until the area
is stabilized.
A permit is required for the following uses:
A. Major improvement of property. For the improvement of property where
the tree removal, topsoil removal, regrading or excavation of topsoil
or other natural materials exceeds an area more than two times that
of the foundation of the building, structure or other improvement
for which a building permit has been issued, or for the improvement
of property set forth above in excess of 1/4 acre for which a building
permit has not been issued. Such regrading, excavation, tree or topsoil
removal may be permitted by the Building Inspector in accordance with
the requirements set by the Planning Board and based on the following
standards:
(1) All other provisions of this chapter are adhered to.
(2) Complete plans of the proposed excavation or regrading are presented
to and approved by the Planning Board.
(3) The proposed excavation will not interfere with the natural drainage
of the area.
(4) Any previous excavation or regrading on the property has been accomplished
and completed in accordance with all the provisions of this chapter.
(5) A performance bond may be required to ensure conformance to all applicable
standards and requirements.
B. Commercial purposes. The regrading, removal or excavation of topsoil or other natural material for commercial purposes shall be deemed, for the purpose of this chapter, to be the regrading, removal or excavation of topsoil or other natural materials for other than the uses permitted under Subsections
A,
B and
C of §
105-2. No commercial excavation shall be permitted until it has been found by the Planning Board that such excavation or any other operation accessory thereto, including mining, exploratory drilling and production drilling, will not be detrimental to the environment or to the appropriate and orderly development of any district in which it is situated after issuance of a permit by the Planning Board, according to the provisions of §§
105-4,
105-5 and
105-6. Prior to issuance of a permit, the Planning Board may require the review of the application by a geologist as well as the submission of appropriate environmental forms (ret SEQR), the cost of which will be borne by the applicant.
C. Removal of shade trees. For the improvement of property involving
the removal by property owners of shade trees within the right-of-way
of any public road.
A permit from the Planning Board shall be required for all commercial
timber harvesting and for all noncommercial operations, as defined
herein, on forestland in the Village of Florida, New York.
The Planning Board must receive the following information from
the landowner before recommending a permit for forestland improvement:
A. Summary. A summary of cutting operations, to include:
(1) Total land area involved in cutting operations.
(2) The number of trees of each species to be cut.
(3) The range, in inches, of diameter of trees to be cut.
(4) The total board-foot volume for each species to be cut.
(5) The total volume to be removed from the cutting area.
(6) The average number of trees per acre to be removed.
(7) The average number of board feet per acre to be cut.
(8) For harvesting of products such as Christmas trees, fence posts, poles, pilings and firewood, the units to be removed per acre and the total units for the area to be removed shall be shown in lieu of information required in Subsection
A(2),
(4),
(5) and
(7).
B. Sketch map. A sketch map, to show:
(2) Access roads into property.
(3) Area within the property where harvesting or improvement cutting
will occur.
(4) Location of product loading areas.
C. Landowner's statement. A statement from the landowner that each
tree to be removed has been designated by a professional forester,
with paint or other distinctive means, at two points so as to be readily
visible by the buyer. One point shall be low enough on the tree so
as to be visible on the stump after the tree is removed. Trees being
removed for other than sawtimber need not be marked on the stump.